There aren't any signs on the water about Trespassing. I frequently go into that stretch of the Occoquan to fish. People do walk up there but that is not legal.
Here is the thing I would argue with it. If you are fishing out of the boat you are in a parallel situation to the stuff going on in the Jackson River. Unless there is something that gives an area particular possession of the river bottom then the river belongs to the state and you can kayak through it. Just don't exit the boat and you should be fine.
It is getting frustrating to hear all these different things about fishing. Here is the big thing.....Laws can be understood differently. A Game Warden can make a charge and not know the actual legal basis of what they are charging on. I am a LEO and I know how things like this can work. Case Law is usually what clarifies this. My thoughts is that I would cite the case law that makes it illegal to fish certain areas of the Jackson knowing that no one in that area had the same rights to that.
As far as wading in that area, I understand that being illegal because it is VERY dangerous. In a kayak or a boat it is much better. Until there is clarification or a change, if you fish the area, stay in your boat! Use an anchor and you will be fine.
On Monday, May 11, 2015 at 11:51:31 AM UTC-4, Dan Davala - Founder/President wrote:
-- Here is the thing I would argue with it. If you are fishing out of the boat you are in a parallel situation to the stuff going on in the Jackson River. Unless there is something that gives an area particular possession of the river bottom then the river belongs to the state and you can kayak through it. Just don't exit the boat and you should be fine.
It is getting frustrating to hear all these different things about fishing. Here is the big thing.....Laws can be understood differently. A Game Warden can make a charge and not know the actual legal basis of what they are charging on. I am a LEO and I know how things like this can work. Case Law is usually what clarifies this. My thoughts is that I would cite the case law that makes it illegal to fish certain areas of the Jackson knowing that no one in that area had the same rights to that.
As far as wading in that area, I understand that being illegal because it is VERY dangerous. In a kayak or a boat it is much better. Until there is clarification or a change, if you fish the area, stay in your boat! Use an anchor and you will be fine.
On Monday, May 11, 2015 at 11:51:31 AM UTC-4, Dan Davala - Founder/President wrote:
To All TPFRersI thought I'd start a new thread on this issue as id like to chime in myself and hopefully help finally put this issue to rest. I'm in agreement with Josh, that even though it has not been an issue outside of a few isolated incidents there are still legally binding statutes on the books that prevent us from legally accessing our most valued local resource, the Potomac River.I also want to call out and acknowledged Josh for his commitment to this cause and his continued perseverance on the issue. He and I have had several correspondences about it, and from the beginning he has always volunteered his time and effort to see it through. So, thank you Josh for your continued support and dedication to the club!To clarify, my only reason for suggesting we hold off last time he and I talked about it is I felt it was just a little too close in the heels of the Fletcher's access issue which I thought was a bit more pressing at the moment and I didn't want to flood the NPS with another petition about another issue too quickly. I also didn't want to hit the club with another petition too soon either and possibly cause confusion of the issues in the process.I do believe the timing is now right to once and for all fully address this issue and clearly establish legal wading access to the Potomac River. While most of us are fine just leaving things alone, it is a very real issue that many working in our area have security clearances and cannot afford to be cited for violating a statute by wading while fishing our river. In some cases, it could even cost someone their job.I think as a club focused in this fishery, it certainly fits within our scope to want to help define, preserve, and protect legal wading access to to public resource.So, with that said, I am excited to seeing what Josh puts together for a petition, and you can bet my name will be the first one on it, unless one of you all beats me to it of course! Our success in supporting Friends of Fletcher's Cove should serve as an example of what we can do when we do it together. I look forward to legally getting my boots wet with you all very soon!Dan Davala
http://www.tpfr.org
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